election or the order of the officer empowered by the
State Election Commission in that behalf under section 26 , or
setting the election aside ... set aside
the election of respondent No. 3 was not tenable. If the petitioner
wanted to get the election set aside, he could have filed
purpose of that election
and of such fresh election as may be held under
section 33 and shall set aside the election and of such ... purpose of that election and for such fresh
election, as he may hold under Section 33 and he would also
set-aside election of such
fresh election caused by such setting aside : Provided that if the District Judge in setting aside the election holds a candidate guilty of any corrupt ... adjudication of any matter relating to election to a Municipality.47. Fresh election when an election is set aside.- If an election is set aside
should not be lightly set aside and the will of the
electorate should ordinarily be respected. Setting
aside an election is a serious matter ... should not be
lightly set aside and the will of the electorate should ordinarily be
respected. Setting aside the election is a serious matter
Petitioner from
contesting this Election and hence, election of the Petitioner needs to be
quashed and set aside and Respondent No.2 be declared ... Order, allowed the Election
Petition holding that, election of the Petitioner to Ward No.16 is invalid
and set it aside on the ground that
setting aside of the
election cannot be granted in the absence of the
person(s) whose election is being set aside. Merely
because that person ... challenge to the election has to be made by
impleading the person whose election is sought to be
set aside in his / her individual capacity
allowing the Election Petition filed by respondent No.1
and setting aside the election of the petitioners held to
the post of members of Srinivas ... Officer in conducting the election was
justified in allowing the Election Petition filed by the
respondent No.1 and setting aside the election
Municipal Act, provisions whereof
stand extracted hereinafter:-
"296. Grounds for setting aside election. (1)
If the authorised officer is of the opinion-
(a) that ... authorised officer shall set aside the
election of the elected person.
(2) When an election has been set aside
under sub-section (1), a fresh
Municipal Act, provisions whereof
stand extracted hereinafter:-
"296. Grounds for setting aside election. (1)
If the authorised officer is of the opinion-
(a) that ... authorised officer shall set aside the
election of the elected person.
(2) When an election has been set aside
under sub-section (1), a fresh
shall set
aside the election and declare the candidate disqualified for the
purpose of election and fresh election may be held ... under this Act, election of such returned
candidate shall be set aside and fresh election may be
held.;]
(b) If, in any case to which
